The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-15
Afternoon Session.

The special order for p NJ was the contest
of Dickerson Vs. Meagher The first speaker
was Mr.. Gordon, who confined himself pretty
closely to what he claimed to be the only ques-
ton to be determined. viz: whether or not the
contestee, Cornelius MeaRher: was, on the Sd
day of November 1885, q justice of the peace,
and he said: II state most emphatically a
legal proposition, that he was not. Il would
have been impossible for Cornelius Meagher to
have filed any Office of justice of the peace
prior to Nov. 8. 1885, as shown by this agreed
statement of facts. I shall contend that this
inelieib,lity does not apply until the beginning
of his term of office"
Mr.. Grifdths opened for the confession with the
suggestion that it is serious matter to deprive
man OF a seat in q legislative body, but an
equally serious matter to refuse seat to one
| questions at issue here had been passed upon
| time and time again by the Supreme
| Court, and that Its early decisions had never
| been modified. He argued two propositions
| that if Mr. Meagher was ineligible. MIR. Dicker-
| son was entitled to the seat. He claimed that
Mr.. Meagher had accepted the Office by taking
the oath and fling his bond, whether he ever
acted or not If man is ineligible to an office,
| the votes cast for him are simply thrown away,
| and the man receiving the next highest number
| of votes is entitled to the Office On both propo-
sitions a number of authorities were read.
| Mr.. Clark, who submitted the minority report,
spoke for few minutes in it's favor, insisting
that there was no vacancy in the Office of justice
| to which Mr. Meagher could have been elected.
Mr.. Kellissn argued that the authorities cited
were not applicable. He thought that the be-
| ginning of term must be fixed by custom
where not otherwise provided. and that Mr..
Meagher's term did not commence until Nov. g.
he was eligible.
Mr.. Scott-This discussion is narrowed down
| to single issue The evidence will go out te
the people Of the State. and they can make uI
their verdict The contestee could have declined
to serve, or resigned the Office of justice of the
peace, but he did neither.
| Mr.. Gough-The simple question is as to thu
time when Mr.. Meagher's term OF office as jus
tice of the peace began, which is said to be OF
the 10Th day of October. He went to the county
clerk, filed his bond, and record was made wher
the term began. There is way of detsrmin
ing when the term ends, except by the record il
the clerks Office. Mr.. Meagher was elected
received his commission from the Governor
seeks his bondsmeu, goes to the clerks ofiic
| and takes the oath of office, and after his tern
began he was elected to another Office, which tn
Constitution plainly says he was not entitled t
fill. He is ineligible to hold any other office to
the term of four years from the date of his jns
tice's commission, and therefore Mr.. H. G. Dick
inson is entitled to fill a seat on this floor as
Representative from Vigo county.
Mr.. Jewett-The questions here are: Wa
Cornelius Meagher justice of the peace at tn
time of his election to the seat in this House. G
: was there any term to which he could be electe